The Frivolous Asylum Application

Many people mistakenly believe a "frivolous asylum application" refers to a case that lacks sufficient evidence or for some other reason is ultimately unsuccessful on its merits. However, under the law, a frivolous application refers to a case where the applicant knowingly fabricated a key part of the claim and failed to clear up disparities or unbelievable aspects. This distinction is especially important in light of the Executive Office for Immigration Review’s (EOIR) recent Anti-Fraud Program policy memo which instructs EOIR employees to identify and report fraud in immigration proceedings "particularly with respect to matters relating to fraudulent applications for relief from removal, appeals, or other proceedings before EOIR" and the recent White House memo asserting unfounded allegations of frivolous litigation or fraud by immigration attorneys and other sectors of the legal profession.